Bentham and the Common Law Tradition

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Author :
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis Bentham and the Common Law Tradition by : Gerald J. Postema

Download or read book Bentham and the Common Law Tradition written by Gerald J. Postema and published by Oxford University Press, USA. This book was released on 1986 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a philosophical interpretation of the historical debate between Bentham and classical Common Law Theory, a debate that is fundamental to philosophical thought and has shaped contemporary conceptions of nature, tasks, and limits of law and adjudication. The author explores the philosophical foundations of Common Law theory, focusing particularly on the writings of Sir Mathew Hale and David Hume.

Bentham and the Common Law Tradition

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0198793057
Total Pages : 577 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Bentham and the Common Law Tradition by : Gerald J. Postema

Download or read book Bentham and the Common Law Tradition written by Gerald J. Postema and published by Oxford University Press, USA. This book was released on 2019 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "This second edition of a classic in Anglo-American legal philosophy reopens the dialogue between Bentham's work and contemporary legal philosophy. Gerald J. Postema revisits the themes of the first edition in light of the latest scholarly criticism and provides new insights into the historical-philosophical roots of international law"

Codification of the Common Law

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Publisher :
ISBN 13 :
Total Pages : 112 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Codification of the Common Law by : Jeremy Bentham

Download or read book Codification of the Common Law written by Jeremy Bentham and published by . This book was released on 1882 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Common Law Theory

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521176156
Total Pages : 262 pages
Book Rating : 4.1/5 (761 download)

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Book Synopsis Common Law Theory by : Douglas E. Edlin

Download or read book Common Law Theory written by Douglas E. Edlin and published by Cambridge University Press. This book was released on 2010-10-18 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, legal scholars, philosophers, historians, and political scientists from Australia, Canada, New Zealand, the United Kingdom, and the United States analyze the common law through three of its classic themes: rules, reasoning, and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process, and structure. It will be valuable to lawyers, philosophers, political scientists, and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts, and the relationship of the common law tradition to other legal systems of the world.

Judges and Unjust Laws

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Publisher : University of Michigan Press
ISBN 13 : 0472034154
Total Pages : 336 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Judges and Unjust Laws by : Douglas E. Edlin

Download or read book Judges and Unjust Laws written by Douglas E. Edlin and published by University of Michigan Press. This book was released on 2010-07-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are judges legally obligated to enforce an unjust law?

Common Law – Civil Law

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Author :
Publisher : Springer Nature
ISBN 13 : 3030877183
Total Pages : 194 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Common Law – Civil Law by : Nicoletta Bersier

Download or read book Common Law – Civil Law written by Nicoletta Bersier and published by Springer Nature. This book was released on 2022-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.

The Proposed Codification of Our Common Law

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Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Proposed Codification of Our Common Law by : James Coolidge Carter

Download or read book The Proposed Codification of Our Common Law written by James Coolidge Carter and published by . This book was released on 1884 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Bentham and the Common Law Tradition

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192511521
Total Pages : 577 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Bentham and the Common Law Tradition by : Gerald J. Postema

Download or read book Bentham and the Common Law Tradition written by Gerald J. Postema and published by Oxford University Press. This book was released on 2019-12-19 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the relationship between Bentham's utilitarian practical philosophy and his positivist jurisprudence. These theories appear to be in tension because his utilitarian commitment to the sovereignty of utility as a practical decision principle seems inconsistent with his positivist insistence on the sovereignty of the will of the lawmaker. Two themes emerge from the attempt in this work to reconcile these two core elements of Bentham's practical thought. First, Bentham's conception of law does not fit the conventional model of legal positivism. Bentham was not just a utilitarian and a positivist; he was a positivist by virtue of his commitment to a utilitarian understanding of the fundamental task of law. Moreover, his emphasis on the necessary publicity and the systemic character of law, led him to insist on an essential role for utilitarian reasons in the regular public functioning of law. Second, Bentham's radical critique of common law theory and practice convinced him of the necessity to reconcile the need for certainty of law with an equally great need for its flexibility. He eventually developed a constitutional framework for adjudication in the shadow of codified law that accorded to judges discretion to decide particular cases according to their best judgment of the balance of utilities, guaranteeing the accountability and appropriate motivation of judicial decision-making through institutional incentives. The original text of this work, first published in 1986, remains largely unchanged, but an afterword reconsiders and revises some themes in response to criticism.

A Concise History of the Common Law

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Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771372
Total Pages : 828 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett

Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Jeremy Bentham and the Law

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Publisher :
ISBN 13 :
Total Pages : 294 pages
Book Rating : 4.3/5 (21 download)

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Book Synopsis Jeremy Bentham and the Law by : Georg Schwarzenberger

Download or read book Jeremy Bentham and the Law written by Georg Schwarzenberger and published by . This book was released on 1948 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Principles of Morals and Legislation

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Publisher :
ISBN 13 :
Total Pages : 378 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Principles of Morals and Legislation by : Jeremy Bentham

Download or read book The Principles of Morals and Legislation written by Jeremy Bentham and published by . This book was released on 1879 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses morals' functions and natures that affect the legislation in general. Bases the discussions on pain and pleasure as basic principle of law embodiment. Mentions of the circumstance influencing sensibility, general human actions, intentionality, conciousness, motives, human dispositions, consequencess of mischievous act, case of punishment, and offences' division.

A Treatise of Legal Philosophy and General Jurisprudence

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Publisher : Springer Science & Business Media
ISBN 13 : 9048189608
Total Pages : 618 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis A Treatise of Legal Philosophy and General Jurisprudence by : Gerald J. Postema

Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Gerald J. Postema and published by Springer Science & Business Media. This book was released on 2011-08-05 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.

Imagining the Law

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Publisher :
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Imagining the Law by : Norman F. Cantor

Download or read book Imagining the Law written by Norman F. Cantor and published by . This book was released on 1997 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the role of the legal profession, the jury system and other key aspects of American law are under much dispute, "Imagining the Law" provides a historical perspective on these critical public issues. Historian Norman Cantor explains how and why common law developed out of Roman law, in response to the needs and assumptions of English society and culture from 1000 to 1780, and how it became the basis of the American legal system. Professor Cantor shows that many of the current debates about the jury trial, the adversarial model and other parts of our legal system stem from this history. He highlights the minds and personalities of prominent judicial leaders, from Cicero and Justinian in the ancient world, through Glanville and Bracton in the Middle Ages, to Coke, Blackstone and Bentham in later centuries. A concluding chapter relates the social and cultural history of common law to the American system of Supreme Court Justices John Marshall and Oliver Wendell Holmes and to the legal profession in the United States today. "Imagining the Law" is authoritatively based on the extensive amount of recent research and writing in the field of legal history, and on Professor Cantor's reading of thousands of court cases. It is the first book to examine legal history in a cultural and sociological context and thus illuminates one of our most important institutions in a whole new way.

Probation as an Orthodox Common Law Practice in Massachusetts Prior to the Statutory System

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Publisher :
ISBN 13 :
Total Pages : 74 pages
Book Rating : 4.6/5 (266 download)

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Book Synopsis Probation as an Orthodox Common Law Practice in Massachusetts Prior to the Statutory System by : Frank Washburn Grinnell

Download or read book Probation as an Orthodox Common Law Practice in Massachusetts Prior to the Statutory System written by Frank Washburn Grinnell and published by . This book was released on 1917 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Introduction to the Principles of Morals and Legislation

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Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.R/5 (3 download)

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Book Synopsis An Introduction to the Principles of Morals and Legislation by : Jeremy Bentham

Download or read book An Introduction to the Principles of Morals and Legislation written by Jeremy Bentham and published by . This book was released on 1823 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bentham's treatise on the foundations of law and government.

The Province of Legislation Determined

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Publisher : Cambridge University Press
ISBN 13 : 9780521528542
Total Pages : 332 pages
Book Rating : 4.5/5 (285 download)

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Book Synopsis The Province of Legislation Determined by : David Lieberman

Download or read book The Province of Legislation Determined written by David Lieberman and published by Cambridge University Press. This book was released on 2002-07-18 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform.

The Cambridge Companion to Legal Positivism

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Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak

Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.